Wisconsin Court of Appeals
Trusts and Estates — undue influence
Mark Ely, Norman Ely’s son, appeals an order admitting to probate Norman’s will dated August 16, 2011. He contends the circuit court improperly granted summary judgment to his niece and Norman’s granddaughter, Lisa Orth; her brother, Dustin Ely; and Casey Orth over Mark’s undue influence objection. We agree that a genuine issue of material fact precludes summary judgment on the undue influence issue—specifically, suspicious circumstances—and remand for an evidentiary hearing. This opinion will not be published.
Dist III, Shawano County, Habeck, J., Per Curiam
Attorneys: For Appellant: Tusler, Ronald W., Appleton; For Respondent: Wagener, Nicholas Andrew, Appleton